IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.266 of 2011
In
Civil Writ Jurisdiction Case No. 4369 of 2010
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The State Of Bihar & Ors
…. …. Appellant/s
Versus
Kusheswar Nath Pandey & Anr
…. …. Respondent/s
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6 14-09-2011 The order for recovery of some money from the writ
petitioner was passed on account of audit objection that he had not
passed the concerned accounts examination till his superannuation
in the year 2009.
In spite of Writ Court having noticed on page 2 of the
order under appeal that respondents have failed to specifically
assert whether the audit objection is correct or not, they have
merely relied upon the audit objection. Now, when the writ
petitioner has been granted relief and an appeal has been preferred
by the State and its authorities, it is surprising that even in the
memorandum of appeal no categorical stand has been taken as to
whether audit objection is correct or not.
We direct the appellant no.2, the Chief Engineer,
Department of Minor Irrigation, Government of Bihar to get the
entire service records of the writ petitioner verified and also to get
the claim of the writ petitioner thoroughly verified whether he has
Patna High Court LPA No.266 of 2011 (6) dt.14-09-2011
2
passed the accounts examination in the year 2007, as claimed by
him or not. Such enquiry must be concluded within three months
from today and a categorical stand must be taken before this Court
on affidavit by an officer authorized by the Chief Engineer within
the aforesaid period of three months.
Let this appeal be listed after three months. The
matter shall be considered on merit after receipt of the report.
Let a copy of this order be furnished to Government
Advocate 7, Mr Subhash Pd. Singh, for communication and
compliance.
(Shiva Kirti Singh, J)
(Shivaji Pandey, J)
sk